Your host, Bryan Babcock, has graciously shared an article he's written for the Georgia Bar Journal. You can find the article by clicking on the following link: Click Here. While the journal article is shortened to fit the space requirements, Bryan has allowed us to post the lengthier article as originally written. We hope you enjoy. Congratulations to our host on his first published article! There will be many more to come. Be sure to come back in 2014 for a full launch of all the new things we have planned for The Fine Print. Our parent company, Babcock Brodnex LLC, has made many strides to advance our show, and next year will be our best season yet. Stay tuned, and always remember to read the fine print ... because that's where you'll find "B.S."
It is no secret that blogs are now a widely-accepted business development tool, with many law firms creating a blog to generate more traffic to their websites. “Blawging,” as it is sometimes referred, can be a much more informal and creative form of legal writing. That informal content is what catches the eyes of many future clients looking to understand the basic concepts of certain topics of law before seeking the paid services of a professional. Whether you are blogging for your current clients or to your prospective clients, the content, the style, and your credibility as a blogger will all weigh heavily on whether your blog is successful. If your blog fails to raise readership, you could be relegated to the lowest pages of Google search results, forever locked away behind lesser information. This installment of Writing Matters details your Miranda rights (so to speak) for effective blogging. Understand your rights before you blog; once you’ve been warned, all posts will be admissible in driving your readership down.
You have the right to remain silent.
Blogging, although trendy, is not required of any attorney. Many attorneys begin blogging to write thought-provoking analyses which further the discussion of law in a public setting, rather than simply on a case-by-case, and confidential, basis with an individual client. A desire to share your extensive, sometimes specialized, knowledge of the law with others in an innovative fashion is an admirable goal. However, blogging has become the latest hobby of every man, woman, and child with a thought or an opinion … and internet access. Every profession has begun blogging as a means of reaching out to potential clients, and informing the public of their work. The legal field is no exception. In short, there is an unlimited amount of information pertaining to the legal field at ready access to the public. Your blog cannot be a copy of prior law reviews or other blogs.
The content of a successful blog should always demonstrate a unique level of analysis that is not easily traceable to another blog or law review. If the source of your blog content is another writer’s blog, you’ve lost your readership; readers will go straight to the source. As many writers are told, you are only as good as your last blog…so make sure your last blog is yours. After all, the goal of your blog is to drum up business for yourself (or your firm), not another lawyer.
Passion for your practice area is key. Bloggers who are passionate about a subject are more likely to write engaging blogs that readers will visit repeatedly. If you cannot meet the expectations of the readers on a particular topic, it is best not to blog on that topic no matter how popular it might be. No reader will fault you for a bad blog that he or she never read.
Anything you blog can be used against you.
Blogging is the newest frontier in acquiring, or losing, clients. The public looks to legal blogs for an introduction to not only the legal topic they are researching, but also the kind of lawyers in that field available to hire. No matter how many credentials you hold, and how knowledgeable you may be, your blog can undermine your credibility to the public.
Your blog must also demonstrate your competence and conduct as an attorney. When it comes to successful blogging, the best blogs have proven that—regardless of the writer’s expertise in a subject—basic competence is key. Awareness of this fact is fundamental to ensure that your blog will attract new clients, and even help you keep the current clients you already have. The goal of blogging is to grow your influence in the legal community through broader channels. The successful legal blogger knows that any content delivered through his or her blog will be a published statement of the attorney’s or firm’s competence. Rule 1.1 of the Model Rules of Professional Conduct states, “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” In essence, Rule 1.1 requires lawyers to have a reasonable degree of competence for their clients. The lawyer must have the expertise to handle a subject, or the ability to acquire the necessary knowledge (through research in most cases) in time for the representation. If your blog content lacks thoroughness, or shows a lack of legal knowledge, your reputation may suffer.
Before you blog about a legal topic, be sure to completely research the chosen topic. This includes researching the layman’s interpretation of the law, which may not always be the best analysis. The layman’s version of analysis, however, may be the most common misinterpretation of the law. Your blog may need to focus on addressing the misconception more so than an explanation of the law itself. You can build on common ground with your reader by taking his or her misunderstanding and respectfully correcting the reader’s misunderstanding. The goal is to inform readers and attract business, not to attack.
You have the right to provide candid feedback in your blog as well as in response to reader comments.
Blogging is a conversation between the author and his or her intended audience. You will engage a variety of readers on varying issues and opinions, and these readers will view your blog as a place of trusted information, and you (or your firm) as a trusted source of candid information. A blogger fosters this trust by updating his or her blog routinely. An update can be as simple as providing an update to a case decision that was pending at the time of your original post, or a newly created statute that affects the law you discussed. A more interactive update can be replying to reader comments or questions with a deeper analysis (disclaimed, of course, because you are not giving legal advice) that applies to their individual concerns. No matter how you do it, the readers want to continue the conversation begun by your post. You, as their trusted source, must allow that dialogue to continue and encourage it in your blog.
The best way to encourage further discussion on your blog is to write in a style that prompts questions without answers, but answers many questions. Confusing, yes, but also effective. Many bloggers choose to answer the big questions such as what are the overall picture of the topic, and the broader applications of the particular law. The questions left to prompt discussion might be a local impact, a current event, a personal reaction, or a hypothetical scenario that can happen to anyone, but the answer of how to handle the scenario properly has no concrete answer. The point of the discussion is to show your ability to adapt your analysis to varying facts and circumstances that each reader can relate to, and feels encouraged to respond.
You have the right, if you cannot blog, to appoint someone, at your expense and without cost to them, to blog for you.
Lawyers are hard workers. There is never enough time in the day to meet with clients, draft documents, take phone calls, AND post a blog or respond to post comments. That is why many law blogs fall to the wayside. Many lawyers fail to provide the requisite time, money, and research into their blogs because they feel they cannot meet the demands of the practice while giving a blog the time it needs to develop properly. Your blog does not have to suffer because you don’t have the time to devote to the product. You may be able to outsource the work.
In a world where legal jobs are still scarce, with more lawyers becoming licensed to practice each year, many are finding new avenues to exercise their legal skills in preparation for a future job prospect. Enter the legal blogger. A legal blogger is a person, usually an attorney, or at least a law school graduate or current student, who hires himself/ herself out to law blog sites needing content writers. Legal bloggers can take the reins of your blog and ensure that its online marketing potential is maximized by providing a steady stream of postings for readers to view. Many charge relatively low fees (such as $38 per posting for 500 words), and after doing the math you can see that blogging as a career can be a profitable endeavor to the up-and-coming lawyer. The legal blogger will have exceptional research and writing skills. Generally, the blogger will want a sample of your own work in order to mimic your style and voice as best as he or she can. What you have is a ghostwriter. You will still contribute content to the blog, but now at your discretion as time permits. In the interim of your own posts, new and attractive legal content will still appear on your blog to keep reader traffic at its peak on your site.
BAD BLOGS: WHATCHA GONNA DO IF NO ONE COMES TO YOU?
by Bryan O. Babcock
It is no secret that blogs are now a widely-accepted business development tool, with many law firms creating a blog to generate more traffic to their websites. “Blawging,” as it is sometimes referred, can be a much more informal and creative form of legal writing. That informal content is what catches the eyes of many future clients looking to understand the basic concepts of certain topics of law before seeking the paid services of a professional. Whether you are blogging for your current clients or to your prospective clients, the content, the style, and your credibility as a blogger will all weigh heavily on whether your blog is successful. If your blog fails to raise readership, you could be relegated to the lowest pages of Google search results, forever locked away behind lesser information. This installment of Writing Matters details your Miranda rights (so to speak) for effective blogging. Understand your rights before you blog; once you’ve been warned, all posts will be admissible in driving your readership down.
You have the right to remain silent.
Blogging, although trendy, is not required of any attorney. Many attorneys begin blogging to write thought-provoking analyses which further the discussion of law in a public setting, rather than simply on a case-by-case, and confidential, basis with an individual client. A desire to share your extensive, sometimes specialized, knowledge of the law with others in an innovative fashion is an admirable goal. However, blogging has become the latest hobby of every man, woman, and child with a thought or an opinion … and internet access. Every profession has begun blogging as a means of reaching out to potential clients, and informing the public of their work. The legal field is no exception. In short, there is an unlimited amount of information pertaining to the legal field at ready access to the public. Your blog cannot be a copy of prior law reviews or other blogs.
The content of a successful blog should always demonstrate a unique level of analysis that is not easily traceable to another blog or law review. If the source of your blog content is another writer’s blog, you’ve lost your readership; readers will go straight to the source. As many writers are told, you are only as good as your last blog…so make sure your last blog is yours. After all, the goal of your blog is to drum up business for yourself (or your firm), not another lawyer.
Passion for your practice area is key. Bloggers who are passionate about a subject are more likely to write engaging blogs that readers will visit repeatedly. If you cannot meet the expectations of the readers on a particular topic, it is best not to blog on that topic no matter how popular it might be. No reader will fault you for a bad blog that he or she never read.
Anything you blog can be used against you.
Blogging is the newest frontier in acquiring, or losing, clients. The public looks to legal blogs for an introduction to not only the legal topic they are researching, but also the kind of lawyers in that field available to hire. No matter how many credentials you hold, and how knowledgeable you may be, your blog can undermine your credibility to the public.
Your blog must also demonstrate your competence and conduct as an attorney. When it comes to successful blogging, the best blogs have proven that—regardless of the writer’s expertise in a subject—basic competence is key. Awareness of this fact is fundamental to ensure that your blog will attract new clients, and even help you keep the current clients you already have. The goal of blogging is to grow your influence in the legal community through broader channels. The successful legal blogger knows that any content delivered through his or her blog will be a published statement of the attorney’s or firm’s competence. Rule 1.1 of the Model Rules of Professional Conduct states, “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” In essence, Rule 1.1 requires lawyers to have a reasonable degree of competence for their clients. The lawyer must have the expertise to handle a subject, or the ability to acquire the necessary knowledge (through research in most cases) in time for the representation. If your blog content lacks thoroughness, or shows a lack of legal knowledge, your reputation may suffer.
Before you blog about a legal topic, be sure to completely research the chosen topic. This includes researching the layman’s interpretation of the law, which may not always be the best analysis. The layman’s version of analysis, however, may be the most common misinterpretation of the law. Your blog may need to focus on addressing the misconception more so than an explanation of the law itself. You can build on common ground with your reader by taking his or her misunderstanding and respectfully correcting the reader’s misunderstanding. The goal is to inform readers and attract business, not to attack.
You have the right to provide candid feedback in your blog as well as in response to reader comments.
Blogging is a conversation between the author and his or her intended audience. You will engage a variety of readers on varying issues and opinions, and these readers will view your blog as a place of trusted information, and you (or your firm) as a trusted source of candid information. A blogger fosters this trust by updating his or her blog routinely. An update can be as simple as providing an update to a case decision that was pending at the time of your original post, or a newly created statute that affects the law you discussed. A more interactive update can be replying to reader comments or questions with a deeper analysis (disclaimed, of course, because you are not giving legal advice) that applies to their individual concerns. No matter how you do it, the readers want to continue the conversation begun by your post. You, as their trusted source, must allow that dialogue to continue and encourage it in your blog.
The best way to encourage further discussion on your blog is to write in a style that prompts questions without answers, but answers many questions. Confusing, yes, but also effective. Many bloggers choose to answer the big questions such as what are the overall picture of the topic, and the broader applications of the particular law. The questions left to prompt discussion might be a local impact, a current event, a personal reaction, or a hypothetical scenario that can happen to anyone, but the answer of how to handle the scenario properly has no concrete answer. The point of the discussion is to show your ability to adapt your analysis to varying facts and circumstances that each reader can relate to, and feels encouraged to respond.
You have the right, if you cannot blog, to appoint someone, at your expense and without cost to them, to blog for you.
Lawyers are hard workers. There is never enough time in the day to meet with clients, draft documents, take phone calls, AND post a blog or respond to post comments. That is why many law blogs fall to the wayside. Many lawyers fail to provide the requisite time, money, and research into their blogs because they feel they cannot meet the demands of the practice while giving a blog the time it needs to develop properly. Your blog does not have to suffer because you don’t have the time to devote to the product. You may be able to outsource the work.
In a world where legal jobs are still scarce, with more lawyers becoming licensed to practice each year, many are finding new avenues to exercise their legal skills in preparation for a future job prospect. Enter the legal blogger. A legal blogger is a person, usually an attorney, or at least a law school graduate or current student, who hires himself/ herself out to law blog sites needing content writers. Legal bloggers can take the reins of your blog and ensure that its online marketing potential is maximized by providing a steady stream of postings for readers to view. Many charge relatively low fees (such as $38 per posting for 500 words), and after doing the math you can see that blogging as a career can be a profitable endeavor to the up-and-coming lawyer. The legal blogger will have exceptional research and writing skills. Generally, the blogger will want a sample of your own work in order to mimic your style and voice as best as he or she can. What you have is a ghostwriter. You will still contribute content to the blog, but now at your discretion as time permits. In the interim of your own posts, new and attractive legal content will still appear on your blog to keep reader traffic at its peak on your site.
Do you understand these rights?
Once you have an understanding of your rights as a blogger, it is time to begin blogging. Here are five tips for better blogging that you should implement for every blog post your write:
You are now free to blog … proceed with competence.
Once you have an understanding of your rights as a blogger, it is time to begin blogging. Here are five tips for better blogging that you should implement for every blog post your write:
- Choose a title that is eye-catching to the reader. When writing your post, be sure that the title of your blog is one that will not only catch the eye of the reader but is relevant to the topic of your blog. You want the title to be consistent with the content of the blog. Many writers choose titles that are either witty or shocking. Depending on your topic, either may be an appropriate option for you. The title of this blog, of course, is meant to be a witty play on the theme song for the show Cops. Yet, the title is also relevant to the discussion at hand: how to avoid writing a bad blog.
- Introduce your topic to induce reading. After you have caught the attention of the reader, you must convince that reader to read your post. The title of your post merely brings the reader to your site. The introductory paragraph should entice your reader to invest the time and energy into engaging in a legal discussion with the author through his or her blog content. Be sure to spend ample time on an introduction which will capture the reader’s interest and encourage reading beyond the first paragraph. If you have followed my article this far, my job is done.
- Find your own style and voice. Blog readers enjoy more informal writing, so a personal touch is always best. Readers are not looking for content that drones on, simply stating facts and dry analyses. A blog post should not remind the reader of long days in lecture halls with Ben Stein (“Bueller … Bueller …”). The reader likely will fall asleep before your message is conveyed. Give each blog post your own personal stamp. How would you explain your topic to a friend at a party? What language would you use? Is there a style of writing that is clearly you? Everyone has a unique way of communicating thoughts and ideas to others. Use your unique way to gain an audience of followers who appreciate your style of communication.
- Post blogs and comment often. Once you’ve written your first blog, you should develop a schedule for continued blogging in the future. This can be a weekly blog post, bi-weekly, monthly, and so on. There is no set schedule for all bloggers. While daily blogging is preferable, it is also impossible for the working attorney. Many choose to blog weekly, or bi-weekly. Whatever your schedule, be sure to stick to that timeframe, as your readers will develop their readership based on that schedule; a missed blog post could mean a lost reader. Do not forget to comment on your readers’ comments. Many readers comment to engage in further dialogue from the author. Give the people the additional information they seek from you.
- Profread, Proofred, PROOFREAD. Were you bothered by the beginning of this tip? Your readers would be as well. This may seem like common sense, but time and time again it must still be said: check your work for spelling and grammatical errors before posting. Some errors may not be apparent right away. Occasionally, you will need to read your old published posts for any errors missed.
You are now free to blog … proceed with competence.




